Steps to File for Divorce in Texas

Steps to File for Divorce in Texas

Mar 12, 2024
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Approaching the topic of divorce can be one of the most challenging conversations, and couples who are considering a separation will want to understand what to expect if they decide to proceed with a divorce. In the best-case scenario, each party will come to the table amicably, but this is not always the case. 

Regardless of the situation that has led to the divorce, it is advisable to speak with an experienced Fort Worth divorce attorney who can help to advise you each step of the way.

 

First Step: Establishing Grounds for Divorce

Before filing, couples will need to establish the reason that they will be filing for a divorce. The grounds for divorce is to let the court know why you are requesting the divorce. There are seven different options for grounds for divorce to choose from in Texas.

 

Second Step: Filing For a Divorce

The next step to file for divorce in Texas is to prepare a petition and file it in the district court of the county where you or your partner have lived for the last 90 days. You must also have lived in Texas for a minimum of six months in order to file. Once you pay the court fee and file your petition for divorce, the next step is up to your spouse. 

 

Third Step: Serving Notice to your Spouse

Your spouse will receive notice that you have filed for a divorce, and they will then have twenty days to respond. Ideally, they will respond faster and you can avoid delays, but this is not always the way it plays out. Your spouse also has the option to file a counter-petition if they disagree with the grounds for divorce that you have filed. 

 

Fourth Step: Waiting Period

Texas has a waiting period of at least 60 days before they can grant a petition for divorce. This sometimes serves as a cool-down period where couples reconcile, but more often it allows divorcing spouses to continue to work out the terms of their divorce, division of property, child custody, and division of assets. In some cases, this takes longer than 60 days, but couples who have already worked out these details before filing can still expect to go through this waiting period. 

 

Fifth Step: The Divorce Decree

After the waiting period is complete and the terms of your divorce are in writing, you and your spouse will go in front of a judge and answer a few questions. The judge will then approve the agreement, and your divorce will be finalized. 

 

Talk to an Experienced Fort Worth Divorce Lawyer Today

A divorce can shake your world and leave you feeling confused and alone. Working with a skilled attorney can help alleviate many of your concerns and answer the questions you have about the divorce process. At MBH Fort Worth Family Law, our team is dedicated to working with our clients who are going through a divorce. Contact us today online or call us at 817-476-7964 to schedule a free consultation and learn more about your options. 

 

Contact Us Today!

Put Our Team On Your Side

or call us at

817-900-8330

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    I highly recommend this law firm. I have had Brian and Kelly both represent me in now three seperate cases. They are men of integrity that are very prompt to answer questions and get back to you on important matters. They have always been well organized and stayed on top of the important information relevant to my cases. ...

    Loyd Camp
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    Timothy Alexander did an exceptional job handling my divorce case. He was extremely prepared, very informative, and he made sure I was always kept in the loop. His professionalism, guidance and empathy tremendously helped during what could have been a much more difficult time. I was so pleased with the final outcome and ...

    Donna DeTomaso
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    Highly recommend this law firm. Andrew McAlester goes above and beyond for his clients. He’s very resourceful and prompt in communication. I always refer Mr. McAlester to my family and friends in their time of need because I trust his judgement and I know he has his clients well being at the forefront of everything.

    William Hawthorne
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    Tim Alexander represented me during my divorce. His compassion, empathy and communication during the process helped keep additional stresses out of an already stressful situation.

    C Grucza
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    I highly recommend this firm. I mainly worked with Andrew McAlester. Andrew was super helpful and courteous during a very stressful situation that I found myself in. Thanks for everything!

    Dante Martinez
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    Timothy Alexander is an amazing lawyer. He helped me with everything I needed to do to get my divorce final in a very short period of time. I always try to refer to him when anybody asks for a divorce lawyer. Thank you for everything you’ve done.

    Autumn Colson
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    Kelly & Brian helped us in our child custody case and I am very pleased by their work. Our case ended up last almost 2 yrs due to COVID, however they were very easy to communicate with and constantly kept us up to date on our case and the courts. I would highly recommend them if you are needing a great custody lawyer ...

    James Homerstad
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    Mr. Alexander was the utmost professional. He was timely in his communication and very thorough in his answers. His approach helped make a difficult situation tolerable. One thing I greatly appreciated is that he did not just tell me what I wanted to hear. He would offer suggestions and allow me to make the final decisio ...

    Heather Varon
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    Kelly & Brian were amazing attorneys. I came to them when I really needed help with child custody issues, and they were committed to reaching the best possible outcome. I am writing this to express my most sincere thanks, and gratitude for their professionalism. They stuck by me through the last year in dealing with ...

    Misty Benson
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    Things happen and you need someone to tell it to you straight. Andrew McAlester is someone I trust to help me navigate through these difficult times.

    Phuc Lam

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